Arbitration Agreement Cannot Include Waiver of Dischargeability
On dischargeability, post-filing waivers work, but pre-filing ones don’t.
Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors
Creditor can sue when a chapter 13 trustee won’t or can’t.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Student Loans Incurred for a New Profession Are Consumer Debts
Non-consumer debts must be related to an existing business or current job.
Supreme Court Argument Pits Notions of Equity Against Statutory Construction
Ghost of Justice Scalia haunts the high court in a statutory construction case.
Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent
Chicago entrenches itself as a debtor-friendly venue for chapter 11 reorganizations.
Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate
You can’t stiff your creditors and profit from an inadvertent stay violation claim.
Estate Planning Does Not Blow Away a Generous State Homestead Exemption
Appellate panel rides to the rescue and saves a couple about to lose their home.
No Kidding: Justice Scalia’s Minority Opinions Would Have Helped the Bankruptcy System
This is the third and last in a series of articles analyzing the late justice’s contributions to the development of bankruptcy law.
11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy
Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.